Fraud as a Felony Offense in Colorado

Can you actually face felony charges, and a prison sentence, if you are charged with fraud in Colorado? In short, the answer is yes. Felony fraud charges are relatively common, especially when an individual or an entity has been defrauded of large amounts of money. Even though felony fraud offenses may not involve any face-to-face contact between the person alleged to have committed the offense and the person who has been defrauded, and there is no physical violence of any type involved in these crimes, they are frequently charged as felonies because of how they can upend a person’s life.

What do you need to know if you are facing felony fraud charges in Colorado? Our Denver felony fraud defense attorneys can tell you more.

What is Felony Fraud?

There is no single, specific offense called “fraud” under Colorado law. Rather, under Article 5 of the Criminal Code, there are a range of listed “offenses involving fraud.”

According to the definition from the Colorado General Assembly, fraud is broadly defined as:

• An intentional misrepresentation of fact, whether by words or conduct, by false or misleading allegations, or by concealment of what should have been disclosed;
• Made by one person to another;
• With knowledge of its falsity;
• For the purpose of inducing the other person to act, and upon which the other person relies; and
• Resulting in injury or damage.

What makes an offense involving fraud a felony rather than a misdemeanor? In most cases, a specific offense will be charged as a felony based on the value of the defrauded item or services. In this way, fraud offenses are similar to theft offenses in Colorado.

Specific Felony Fraud Charges a Person Can Face

Within the very broad category of offenses involving fraud, the following are the specific categories under which felony fraud offenses can be charged:

• Forgery, simulation, impersonation, and related offenses;
• Fraud in obtaining property or services;
• Fraudulent and deceptive sales and business practices;
• Bribery and rigging of contests;
• Offenses related to the Uniform Commercial Code;
• Equity skimming and related offenses; and
• Identity theft and related offenses.

To determine the best defense strategy for any felony fraud charges you are facing, it is critical to seek legal advice as soon as possible. You need to take these charges seriously.

Contact a Denver Felony Fraud Defense Attorney for Help

Many people assume that white-collar crimes, including fraud, are “victimless” offenses that are not charged as seriously as violent crimes or drug offenses. However, as the Federal Bureau of Investigation emphasizes, while fraud is not a violent crime like robbery or murder, it is not considered a victimless crime at all because of how it can “destroy a company, wipe out a person’s life savings, cost investors billions of dollars, and erode the public’s trust in institutions.” As such, fraud charges, especially when a person or entity has been defrauded of substantial amounts of money, are taken extremely seriously.

To avoid prison time for felony fraud, it is critical to work with an experienced Denver felony fraud defense lawyer at DeChant Law to avoid a conviction. Contact us today to discuss the facts of your case and to begin building a defense strategy.

Sources:

law.justia.com/codes/colorado/title-18/article-5/

leg.colorado.gov/agencies/office-state-auditor/what-fraud

fbi.gov/investigate/white-collar-crime